Legal Question in Wills and Trusts in New Hampshire
My will
I am divorced, 52 and have a 23 yr. old Daughter. I have a will with my Brother as Executor. I want to know how I can avoid my Brother incurring my large credit card debt.
Should I void my will and not have one??? My only asset is my car.
Please help.....thanks
1 Answer from Attorneys
Re: My will
I cannot give advice concerning a specific situation on this forum. However, as a general proposition, the Executor or Administrator (if there is no will) is responsible for using the assets of the decedent's estate to pay the creditors of the deceased. If the debts exceed the assets, there will be no distribution to the beneficiaries, but the Executor or Administrator does not have to pay any bills out of their own money. It is solely the responsibility of the estate of the person who incurred the debt. The only occasion where the Executor or Administrator is personally liable is when they make a distribution to beneficiaries prior to paying taxes, debts of the decedent, expenses of the last illness, and administration expenses.